PRESENT: SCUDDER, P. J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

DOCKET NO. CA 09-00219

IN THE MATTER OF ST. ANN'S HOME FOR THE AGED, ET AL., PETITIONERS-RESPONDENTS, V RICHARD F. DAINES, M.D., AS COMMISSIONER OF HEALTH OF THE STATE OF NEW YORK, RESPONDENT-APPELLANT.

Petitioners having moved to dismiss the appeal taken by respondent from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 29, 2008, on the ground that respondent has failed to perfect timely the appeal, or in the alternative to consolidate that appeal with their appeal from an order of the same Court entered April 17, 2008 (Docket No. CA 09-00218),

Now, upon reading and filing the affirmation of Thomas G. Smith dated January 27, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Victor Paladino dated February 4, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted, the appeal from the judgment entered October 29, 2008 is dismissed without further order unless that appeal is perfected on or before April 10, 2009, the appeals are hereby consolidated for the purposes of perfecting and arguing the appeals, and petitioners' appeal from the order entered April 17, 2008 is hereby dismissed unless that appeal is perfected on or before May 11, 2009.

Entered: February 13, 2009

JoAnn M. Wahl, Clerk